Dishonesty In Job Application May Limit, But Does Not Bar, NJLAD Claim

Cicchetti v. Morris County Sheriff’s Office, A-102-06, (N.J. May 28, 2008) – Addressing the issue of “after acquired evidence”, the New Jersey Supreme Court held that an individual who concealed requested, but not disqualifying, information on a job application – here, information about a prior conviction – is not precluded from pursuing a claim under the NJLAD, even if the employer can show that it would not have hired the employee had it known of the information at the time of hiring.  However, the Court further held that if the employer can demonstrate that it would have terminated the employee upon discovery of the concealed information, the employee’s right to recover back pay and front pay damages ceases as of the date the information is discovered.  In such a case, however, the employee may still recover emotional distress and punitive damages, if they are justified.

Note: This article was published in the June 2008 issue of the New Jersey eAuthority.